The Teachers Service Commission (Amendment) Bill, 2026

Background

The Teachers Service Commission (Amendment) Bill, 2026 proposes extensive updates to the Teachers Service Commission Act (Cap. 212). The main objectives are to align the principal Act with the 2010 Constitution of Kenya, decentralize the Commission's administrative reach, establish structured professional development systems, and reform the process for teacher registration, performance management, and disciplinary action.

Key Amendments

• Commission Vacancies and Appointments (Sections 6 & 8): Establishes a strict 14-day timeline for the President to declare vacancies in the Commission and set up a selection panel. The panel, which must include a nominee from the Institute of Human Resource Management, must shortlist, interview, and submit candidates to the President within 21 days of the application deadline. The President must nominate appointees and send them to the National Assembly for approval within seven days.
• Affirmative Action and Diversity (Sections 4 & 18): Mandates the application of constitutional affirmative action provisions. The Commission must ensure its staff appointments reflect regional and ethnic diversity, include youth and persons with disabilities, and adhere to the two-thirds gender rule.
• Decentralization of Functions (Section 18A): Empowers the Commission to establish regional, county, sub-county, and zonal administrative offices to ensure broad public access to its services.
• Institute of Teacher Support and Professional Development (Section 35C): Establishes this dedicated internal institute to handle training resources, capacity building, and induction for teachers and interns.
• Disciplinary Review Process (Section 46A & 46B): Establishes the Teachers Service Review Committee to evaluate appeals against Commission disciplinary rulings within 90 days. It also guarantees a teacher's right to appeal to the High Court or the Employment and Labour Relations Court.

New Obligations

• Continuous Professional Development (Section 35): Teachers are legally obligated to undergo continuous professional development (CPD) programmes to receive a practicing certificate.
• Performance Appraisals (Section 35B): Heads of public basic education institutions must be placed on performance contracts and are obligated to oversee teacher performance appraisals under a newly structured framework.
• Standardized Registration Requirements (Section 23 & Fourth Schedule): Establishes explicit minimum academic and professional requirements for registering as a teacher, covering various specialties such as pre-primary, secondary, technical, adult, and special needs education.

Penalties

• Registration Offences (Section 44): Anyone who falsely represents themselves as a registered teacher, teaches while unregistered, or employs an unregistered teacher is liable on conviction to a fine of up to KSh 1 million, imprisonment for up to 12 months, or both.
• Disciplinary Actions (Section 35F & Third Schedule): Teachers who commit professional or moral offences—including sexual exploitation of learners, chronic absenteeism, desertion, insubordination, or cyberbullying—face sanctions ranging from warning letters and surcharges to suspension, cancellation of registration, retirement in the public interest, or dismissal.
• Interdiction Allowances (Section 35G): A teacher charged with a serious offence in court will vacate office but is legally entitled to half basic pay and full applicable allowances until the legal case is concluded.